San Diego

The 4th District Court of Appeal has indicated that it will review a legal challenge filed against a San Diego Superior Court judge who is forcing mothers on welfare to search for jobs or face cuts in their government aid.

In a brief order signed by Acting Presiding Justice Howard Wiener, the court directed Judge Thomas Murphy and his colleagues on the Family Court bench not to enforce all existing and future job-search orders pending a ruling on the appeal.

On Monday, the Legal Aid Society of San Diego filed a petition with the appellate court challenging Murphy’s policy on behalf of five welfare mothers ordered by the judge to find jobs and get off of aid.

The attorneys argue that Murphy does not have the authority to issue such orders because the state Department of Social Services has jurisdiction over the welfare system. The Legal Aid Society has asked the appellate court to declare Murphy’s program in violation of federal and state law and order it stopped.

Murphy, 52, claims he has authority to issue the orders under the California Civil Code, which requires parents to provide for their children. Murphy has said he welcomes the legal challenge.